Neutral Citation No. - 2025:AHC:107497 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15872 of 2025 Applicant :- Sashi Kant Pandey Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Affidavit filed on behalf of the opposite party no.3, in Court today, which is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the opposite party no.3, learned A.G.A. for the State and perused the record. 3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 17.07.2021, of Case No. 13041 of 2021 (State Vs. Shubham and Others), arising out of Case Crime No. 362 of 2021, under Sections - 363, 366 I.P.C., Police Station - Ghosi, District - Mau, pending in the court of Chief Judicial Magistrate, Mau. 4. It is submitted by learned counsel for applicant that applicant as well as victim have solemnized marriage and they are living together as husband and wife. Out of that marriage they have one child. It was submitted that victim has not supported the prosecution version in her statement recorded under Section - 161 and 164 Cr.P.C. Referring to these facts, it was submitted that impugned proceedings may be quashed. 5. Learned counsel for the opposite party no.3 has also submitted that as applicant and victim are living together as husband and wife and thus, the impugned proceedings may be quashed. 6. Learned A.G.A. has submitted as per High School certificate the date of birth of victim is 28.07.2006 and at the time of incident she was aged about 14 years, 10 months and 06 days and thus, her consent is immaterial. 7. I have considered the rival submissions and perused the record. 8. From provisions of Section - 361 I.P.C., it is apparent that whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if female, out of the keeping of the lawful guardian of such minor, without the consent of such guardian, it would constitute the offence under Section - 361 I.P.C., which is punishable under Section - 363 I.P.C. In the instant matter on the date of incident the victim was aged less than 15 years and thus, her consent is immaterial. There is allegation that she was enticed away by the applicant from custody of her guardian with intention that she will be seduced to intercourse with him. In view of these facts and circumstances, it cannot be said that no prima facie case is made out against applicants. The application under Section 528 BNSS lacks merits and thus, liable to be dismissed. 10. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 8.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad